Law: Pakistan Penal Code (PPC),1860

Section: 302(b)

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Delay in post-mortem--Qatl-e-amd--Conviction and sentence--Inordinate delay in setting machinery of law in motion speaks volumes against veracity of prosecution version--There is a delay of about 05 hours and 45 minutes--There is no explanation at all available on record for such delay--No doubt, noticeable delay in post mortem examination of dead body is generally suggestive of a real possibility that time had been consumed by police in procuring and planting eye-witnesses before preparing police papers necessary for same--This fact suggests that nobody was present at spot due to which dead-body remained lying unattended at spot for a long time--This fact also creates dent about veracity of prosecution story.                                                                                                                   [P. 435] A & B Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Evidence is not trustworthy--Qatl-e-amd--Conviction and sentence--It is settled by now that dishonest improvements made by a witness in his statement to strengthen prosecution case castes serious doubt about veracity of his statement and makes same untrustworthy and unreliable. [P. 437] C 2024 SCMR 1310. Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Medical evidence--Qatl-e-amd--Conviction and sentence--So far as medical evidence is concerned, suffice it to observe that same is only a supporting piece of evidence and relevant only if ocular account inspires confidence which is not situation in this case--After disbelieving ocular account, medical…